Claims Portals – changes from April 2013

RTA/EL/PL Portals: The Road Traffic Accident Protocol applies to all claims for damages arising from a Road Traffic Accident (RTA); in the new version, the use of the portal is mandatory with the upper limit being set at £25,000.00 (the old upper limit had been £10,000.00). If at any point during the proceedings, the Defendant…

Part 36 Uplift & General Damages Uplift

WHAT ARE THE CHANGES? PART 36: The changes apply where the Claimant obtains Judgment against the Defendant that is at least as advantageous to the Claimant as the proposals contained in the Claimant’s Part 36 offer (Rule 36.14 (1)(b)). In this situation, under Rule 36.14 (3)(d) the Court will, unless it considers it unjust to do…

Damages Based Agreements

What Is It? A Damages Based Agreement (DBA) is a private funding arrangement between a representative and a client whereby the representative’s agreed fee is contingent upon the success of the case and is determined as a percentage of the compensation received by the client. Under a DBA the representative may not recover costs more…

Troy Foods v Manton [2013] EWCA Civ 615

‘Alarm bells!!! –Just because costs are approved in the budget does not mean they are proportionate’ The case concerned a breach of contract claim that fell under the Mercantile Court costs management pilot and the budget approved by HHJ Kaye QC in Leeds. At the CCMC the Claimant’s revised costs budget totalled £129,176 and the…

A Court of Appeal Warning on Costs Budgets

A much anticipated Court of Appeal ruling has been made public today where it upheld a stringent judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting. In a judgment released this morning, the court refused relief from sanctions to the firm representing Andrew Mitchell in his libel action over…